The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-09-15
OPINION OF THE COURT.
Judge Gary's Rulings Affirmed and the Exe-
chi llrdered for be 4 Of N<za.,ai.ar

OPINION OF THE COURT.
Judge Gary's Rulings Affirmed and the Exe-
cution Ordered for the 11th of November.
OTTAWA, ILL.,, Sept I4-At $50 Justice Magru-
der begun the announcement of the decision in
the Anarchist case just before the opening of
court everyone seemed to have feeling that
something was going to happen. Before the
hour for convening of court, lawyers and
porters seemed have that feeling, and con-
versed with each other il subdued tones. Even
Barker. the janitor. who has waited or every
justice of the Supreme Court that sat upon the
bench in Ottawa, tiptoed around in opening and
busting the courtroom as if he afraid of
breaking the deadly stiffness that per-
vaded the entire building. Deputy Smith
faltered and his voice trembied as he
pronounced the ''hear ye." AS the justices filed
into the courtroom, headed by Chief Justice
Sheldon, they appeared digniied than
ever The Chief Justice waved his associates
to their seats with even a more stately air than
his wont. his nod to the sheriff was more stiff,
and his ''open court" less audible than on pre-
vious days of the term. Justice Magruder ap-
peared q ushed and nervous as he entered the
courtroom, the cause of which was evidenced a
few moments later when Chief Justice Sheldon
turned to him, and in a voice which would have
been inaudible save for the deathly stiffness
which pervaded the room, said, ''Justce Ma
to makel" the flushed appearance
of tho justice changed to that
palor and his voice was husky as he responded:
I'm August Spies and others against the people
of the State Of Illinois. No. SO. Advisement dock
ct" The Chief Justice nervously turned the
leaves of the court docket to the case indicated,
when the Justice read the decision of the er-rt
in the Anarchist case. He said. sIn this case
the Judgment Of the court below is affirmed as
to all and as to each and every one of the de-
PENDANTS. An opinion has been prepared setting
forth the reasons Of the affirmation of the judg-
ment The opinion is now handed to the clerk
TO be fled"
Judge Sheldon announced that he concurred
in the opinion.
Judge Sheldon-In the case the court orders
that the sentence Of the Criminal Court of Cook
county of the defendants in the Indictment
August Spies, Michael Schwab. Samuel Fielden,
A. R. Parsons, Adolph Fischer, Geo Eneel. Louis
Lingg, be carried into effect by the sheriff of
Cook county, on Friday. the 11th dAy of Novem-,
ber next, between the hours of 10 o'clock in the
forenoon and o'clock in the afternoon on that
day. The judg mens OF the court was unani-
nous.
The opinion OF the court, as delivered by
Justice Magruder, states that the case came be-
fore the court by writ Of error to the Criminal
Court of Cook county. The plaintiffs in error
were tried for the murder of Matthew }. Degan,
on May A, 1886, in the city of Chicago, and on
Aug. 20. 1886, the jury found a verdict against
them. Then follows a statement of the Hay
market tragedy, including details of the throw
ing among the policemen assembled on the
1t is undisputed that the bomb thrown. and
that it caused the death of Degan 1t is conceded
that of the defendants threw the bomb with his
own hands. The plaintiffs in charged with
being accessories before the fact.
The court then proceeds to examine the
sixty-nine counts in the indictment Some of
the counts charge that the defendants, being
present, aided. abetted and assisted in the
throwing Of the bomb; others that not being
present aiding. abetting or assisting they ad-
vsed encouraged aided and abetted such throw
ing. Some of the counts charge that said de-
PENDANTS ad vised, encouraged, aided and abetted,
one Rudolph Schnaubelt in the peroetration of
the crime; others, that they advised, encouraged,
aided and abetted an unknown person in the
perpetration thereof. The Illinois stat
ute which defines an accessory as
he who stands by and aids and
abets, and which considers such accessory as
principal. to be punished accordingly. is quoted.
and then the opinion goes on to state that If,
therefore. the defendants advised. encouraged.
aided or abetted the killing of Deean, they are
as guilty though they took his life with their
own hands. II any of them stood by and aided,
abetted or advised in the throwing of the bomb.
those of them who did are guilty as though
they threw it themselves. The questions which
present themselves are these: Did the defend
ants have common purpose or design to
advise. aid the murder of the
policemena Did they combine together with
others with view to carrying that purpose
design into effecti Did they or either or any
of them, do such acts or make declarations in
furtherance OF the common purpose or design as
did actually have the effect of encouraging, aid
ing or abetting the crime in question: To solve
these questions the court proceeds TO make
thorough examination OF the evidence pre-
seuted in the Criminal Court in Chicago The
first part of the evidence examined by the Su-
preme Court was that in relation to the
making of the bomb that killed Degan. and il
Was assertained that there were four character
istics of this bomb, viz: first. it was round:
ond. it was exploded by means OF o projecting
fuse; third. the shell of the bomb was of COM
posite manufactures: fourth. the bomb had
small iron nut The evidence showed that
BON bs with thes four characteristics were made
by the defendant Louis Lingg. at his residence
in Chicago and that materials for bonn mb- making
were found there after the Hay ymarket explosion,
aud the count therefore declares 1--WE think the
jury were warranted in believing, from the evil
dence, that the bomb which killed Degan
one of the bombs made by the defendant
Lngg.s Did Linge make the bomb which
killed Deganl To answer this. the next oues-
tion. the court exhaustively examines ali the
evidence which was presented In relation to the
organization known as the International Work
ingmen's Association. or International Arbeiter
nasionais." ~ Iss ~ platform % of II principles as
one Of it's organs. its purposes. ita
membership in Chicago were described and